13 Amendments of Emine BOZKURT related to 2007/0228(CNS)
Amendment 58 #
Proposal for a directive
Recital 17
Recital 17
(17) The mobility of highly qualified third- country workers between the Community and their countries of origin should be fostered and sustained. Derogations from Council Directive 2003/109/EC of 25 November 2003 on the status of third- country nationals who are long-term residents should be foreseen in order to extend the period of absence from the territory of the Community which is not taken into account for the calculation of the period of legal and continuous residence necessary to be eligible for the EC long- term residence status. Longer periods of absence than those provided for in Council Directive 2003/109/EC should also be allowed after highly qualified third country workers have acquired EC long-term residence status. In particular, to encourage the circular migration of highly qualified third-country workers originating from developing countries, Member States should take into consideration making use of the possibilities offered in Article 4(3), second subparagraph, and Article 9(2) of Council Directive 2003/109/EC to allow for longer periods of absence than those provided for in this Directive. In order to ensure consistherencye, in particular with the underlying development objectives, these derogations should only be applicable if it can be proven that the person concerned hasas defined in Article 178 of the EC Treaty, five targets need to be stressed to encourage circular migration, which are: 1) training sufficient workers in developing countries to meet their own labour market needs; 2) encouraging highly qualified workers to remain in their home countries; 3) promoting voluntary returned to his/ther country of origin for work, study or volunteering activities. by facilitating both social and financial security; 4) ethical recruitment under a binding code of conduct, and 5) implementing standards on dual citizenship and setting guarantees for diplomas.
Amendment 59 #
Proposal for a directive
Recital 20
Recital 20
(20) In implementing this Directive, Member States should refrain from pursuing active recruitment in developing countries in sectors suffering from lack of human resources. E in sectors vital to achieving the UN Millennium Development Goals, in particular the health and education sectors, and in sectors vital to the ability of developing countries to deliver basic social services. In the above-mentioned sectors, ethical recruitment policies and principles applicable to both public and private sector employers should be developed, in particular in the health and education sector, as underlined in the Council and Member States' conclusions of 14 May 2007 on the European Programme for Action to tackle the critical shortage of health workers in developing countries (2007-2013). These should be strengthened by the development of mechanisms, guidelines and other tools to facilitate circular and temporary migration, as well as other measures that would minimise negative and maximise positive impacts of highly skilled immigration on developing countries. Any such intervention must be taken along the lines of the Joint Africa-EU Declaration on Migration and Development agreed in Tripoli on 22 and 23 November 2006 and with a view of establishing a comprehensive migration policy as called for by the European Council of 14 and 15 December 2006. Any such intervention should be taken in consultation with social partners in both the countries of origin and the receiving countries, in relevant sectors. Member States shall abide by codes of conduct when they implement their policies of admission of highly qualified workers.
Amendment 61 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) In order to limit recruitment in sensitive sectors in developing countries that could lead to or increase the 'brain drain', Member States should focus on recruiting highly qualified employees from countries such as the USA, Canada and Australia by emphasising the benefits of the EU social and working environment.
Amendment 65 #
Proposal for a directive
Article 2 - point f
Article 2 - point f
(f) "family members" means third-country nationals as defined in Article 4(1), 4(2)(b) and 4(3) of Directive 2003/86/EC;
Amendment 76 #
Proposal for a directive
Article 2 - point i a (new)
Article 2 - point i a (new)
(ia)“EU Blue Card Commuter” means a third-country national who holds an EU Blue Card in the first Member State and who carries out highly qualified employment in a second Member State while remaining a resident of the first Member State.
Amendment 77 #
Proposal for a directive
Article 3 - paragraph 1
Article 3 - paragraph 1
1. This Directive shall apply to third- country nationals who apply to be admitted to the territory of a Member State for the purpose of highly qualified employment, as well as to those third-country nationals who are already present within the territory who apply for an EU Blue Card.
Amendment 82 #
Proposal for a directive
Article 3 - paragraph 3
Article 3 - paragraph 3
3. This Directive should be without prejudice to any future agreement between the Community or between the Community and its Member States on the one hand and one or more third countries on the other, that would list the professions which should not fall under this directive in order to assure ethical recruitment, in sectors suffering from a lack of personnel, in sectors vital to achieving the UN Millennium Development Goals, in particular the health and education sectors, and in sectors vital to the ability of developing countries to deliver basic social services, by protecting human resources in the developing countries, signatories to these agreements.
Amendment 96 #
Proposal for a directive – amending act
Article 5 - paragraph 2 − subparagraph 2 a (new)
Article 5 - paragraph 2 − subparagraph 2 a (new)
The gross monthly salary specified in the work contract or binding job offer shall not be inferior to the wages which apply or would apply to a comparable worker in the host country.
Amendment 97 #
Proposal for a directive
Article 5 - paragraph 2 - subparagraph 2 a (new)
Article 5 - paragraph 2 - subparagraph 2 a (new)
Member States shall be free to deviate from the salary conditions if the third country national will make a unique contribution to the labour market in the host country, provided the third country national meets the criteria set out in Article 5(1)(b) and (c), and provided the gross monthly salary is not inferior to the wages which apply or would apply to a comparable worker in the host country.
Amendment 98 #
Proposal for a directive
Article 5 - paragraph 2 a (new)
Article 5 - paragraph 2 a (new)
2a. In cases of cross-border commuting, the applicant shall fulfil the conditions set out in paragraph 1(a), (b) and (c) and paragraph 2 of this Article as required in the second Member State.
Amendment 140 #
Proposal for a directive
Article 15 - paragraph 2 a (new)
Article 15 - paragraph 2 a (new)
2a. Holders of an EU Blue Card shall also fulfil the obligation on third-country nationals to integrate which is laid down by the Member State in which the worker is resident. In countries where such integration measures are voluntary, Member States shall encourage holders of the EU Blue Card to participate in national integration projects, in order to stimulate the integration of holders of the EU Blue Card into EU society. The Commission should develop an introductory course to inform holders of the EU Blue Card about the European Union and its Member States, in order to stimulate the involvement and participation of EU Blue Card holders and their families into EU and national societies.
Amendment 156 #
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Article 19a 1. After 24 months of legal residence in the first Member State as holder of an EU Blue Card, the person concerned shall be allowed to perform highly qualified employment in a second Member State while residing in the first Member State. Employment in the second Member State shall be subject to prior authorisation in writing by the competent authorities of the second Member State. 2. In accordance with the procedures set out in Article 12, the second Member State shall process the application for authorisation for cross-border highly qualified employment, and shall inform the applicant in writing of its decision to: (a) either issue the authorisation and allow the applicant to perform highly qualified employment within its territory if the conditions set out in Article 5, with the exception of paragraph 1(d), are fulfilled and the applicant has presented a valid travel document, as determined by national law, and a valid EU Blue Card issued by the first Member State, or, (b )refuse the authorisation if: - the conditions set out in paragraph 2(a) are not fulfilled, or, - the documents presented have been fraudulently acquired, or falsified, or tampered with, or, - the volumes of admission of third- country nationals seeking highly qualified employment, determined by Member States in accordance with Article 7, have been exceeded, or, - if the grounds for refusal set out in Article 9(2) are applicable, or, - if the conditions set out in Article 13(4), (5) or (6) are applicable. 3. The period of validity of the authorisation may be limited to that of the EU Blue Card issued by the first Member State. 4. Member States shall withdraw or refuse to renew an authorisation issued on the basis of paragraph 2(a) in the following cases: (a) when it has been fraudulently acquired, falsified or tampered with, or, (b) when it appears that the holder did not meet or no longer meets the conditions set out in paragraph 2(a) of this Article. 5. EU Blue Card commuters shall enjoy treatment equal to that of nationals of the first Member State who commute to the second Member State with regard to the subjects mentioned in Article 15.
Amendment 159 #
Proposal for a directive
Chapter V - title
Chapter V - title
Residence and work in other Member States